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Massachusetts Dismissal Law
 
Brian Hunt and Kimberly Hunt v. David Massi and James Porter and Town of Falmouth

This civil rights case arises out of
the refusal of officers serving an arrest warrant to accede to the
request of an arrestee, Brian Hunt, that he be handcuffed with his
hands in front of him, and the ensuing events.
Hunt and his wife brought this case, asserting violations
of his federal constitutional rights under 42 U.S.C. § 1983, as
well as pendent state law claims. T... More...
   $0 (12-10-2014 - MA)

Brendon J. Lydon v. Local 103

Brendon Lydon believes that his union — Local 103 of the
International Brotherhood of Electrical Workers ("Local 103") —
runs its hiring hall in a discriminatory way, retaliated against
him for complaining about the discrimination, and breached its duty
of fair representation. So he sued Local 103 in district court,
alleging violations of several federal labor laws. Acting ... More...
   $0 (10-24-2014 - MA)

David Romulus v. CVS Pharmacy, Inc.

CVS Pharmacy, Inc. takes this
interlocutory appeal from an order granting the plaintiffs' motion
to remand a putative class action for wage and hour violations. In
this case of first impression in this circuit, we clarify the
removal time periods and mechanisms under the Class Action Fairness
Act of 2005 ("CAFA").
Under CAFA, federal courts have jurisdiction over a classMore...
   $0 (10-24-2014 - MA)

Michele C. Tetreault v. Reliance Standard Life Insurance Company

The Employee Retirement Income
Security Act of 1974 (ERISA) governs employee benefit plans. 29
U.S.C. § 1001 et seq. Among other things, the statute permits
beneficiaries to go to court to challenge their plan's decision to
deny or cut off their benefits. Id. § 1132(a)(1)(B). Before
filing suit, however, beneficiaries must first use -- or, as it is
often put, "exhaust" --... More...
   $0 (10-06-2014 - MA)

Darrell D. Debham v. FedEx Home Delivery

Darrell Debnam filed a complaint
against FedEx asserting wage payment claims that can only be
brought by an employee against an employer, and also asserting an
unfair business practice claim under Massachusetts' so-called
"Chapter 93A," Mass. Gen. Laws Ann. 93A, that cannot be brought by
an employee against his employer as such. The actual facts alleged
in the complaint pai... More...
   $0 (09-08-2014 - MA)

Jeffrey M. Healey v. Louis S. Spencer

Jeffrey Healey and Edward
Given reside in the Massachusetts Treatment Center in Bridgewater,
Massachusetts (the Treatment Center or Center). Each has been
civilly committed as a sexually dangerous person (SDP). In
separate suits, Healey and Given challenged the adequacy of sex
offender treatment provided by the Center as well as the conditions
of their confinement. They sou... More...
   $0 (09-03-2014 - MA)

Michael Dunn v. Trustees of Boston College

Michael Dunn appeals the entry
of summary judgment against him on his claim that his former
employer, Boston University ("BU"), discharged him because of his
age in violation of the Massachusetts Fair Employment Practices
Act, Mass. Gen. Laws ch. 151B, § 4.1B. The district court ruled
that Dunn had failed to make out a prima facie case of age
discrimination. Without ruling... More...
   $0 (07-30-2014 - MA)

Santos Ramirez v. Carolina Dream, Inc.

Appellant Santos Ramirez, a
seaman, became ill while working aboard a fishing vessel and was
immediately hospitalized when he returned to shore. Shortly
thereafter, he was diagnosed with aplastic anemia, a serious blood
condition that prevented him from returning to work as a seaman. He
subsequently brought this personal injury action against his
employer, seeking a remedy ... More...
   $0 (07-28-2014 - MA)

Kathleen Shanley v. Daniel Cadle

This case comes to us after more than two
decades of litigation, which, for some of the individual
plaintiffs, had seemingly come to an end with a 2008 settlement
agreement. That year, the defendants (a debt collection agency and
its owners) proposed a comprehensive mediation and settlement for
three lawsuits brought by individual plaintiffs (debtors) in
federal court (Shan... More...
   $0 (07-28-2014 - MA)

Bryan Wyman v. Ayer Properties, LLC

On December 8, 2005, Brian Wyman, Frank Thoms, and Vincent Cascio, as trustees of the Market Gallery Condominium Trust (trustees), filed a civil action against Ayer Properties, LLC (Ayer), seeking damages stemming from the negligent construction of elements of a condominium building by Ayer. The trustees alleged that Ayer -- which had purchased and converted the building in question into condomini... More...   $0 (07-10-2014 - MA)

Katie Graf v. Hospitality Mutual Insurance Company

The Appellee, Hospitality Mutual Insurance Company (“Hospitality”), issued a Liquor Liability Insurance Policy (the “Policy”) to Torcia & Sons, Inc. (“Torcia”). Torcia owns and operates the Fat Cat Bar & Grill (the “Fat Cat”), a Springfield, Massachusetts establishment. The Policy represented the full extent of Torcia’s applicable liability coverage.

The Appellant, Katie G... More...
   $0 (06-11-2014 - MA)

Dagoberto Sanchez v. Gary Roden, Superintendent

The Fourteenth Amendment's Equal Protection Clause guarantees that no citizen will be excluded from jury service solely on account of his or her race. This logical proposition, bordering on the obvious, was enshrined as a matter of clearly established constitutional law in Batson v. Kentucky, 476 U.S. 79 (1986). Indeed, "[t]he Constitution forbids striking [from the jury] even a single prospective... More...   $0 (05-28-2014 - MA)

Rhonda G. Miller v. U.S. Bank, N.A.

Following the 2011 foreclosure on her home, plaintiff Rhonda Mills filed this suit against defendants U.S. Bank, N.A. ("U.S. Bank"), OneWest Bank, F.S.B. ("OneWest"), and Mortgage Electronic Registration Systems, Inc. ("MERS"), raising a potpourri of challenges to OneWest's authority to foreclose on her property. On appeal from the district court's dismissal of her suit for failure to state a clai... More...   $0 (05-27-2014 - MA)

Richard Feingold v. John Hancock Life Insurance Company (USA)

Richard Feingold sued John Hancock Life Insurance Company and John Hancock Life & Health Insurance Company (collectively, "Hancock") in a putative class action for damages said to arise from Hancock's adherence to contractual terms requiring that Hancock be given notice of the death of its insureds before death benefits are paid out to beneficiaries. Specifically, Hancock is said to have an obliga... More...   $0 (05-27-2014 - MA)

Albert Davidson v. Elin Howe

Plaintiffs Albert and Regina Davidson are guardians of 70-year-old Marilyn Davidson (whom we refer to as "Marilyn"), who is in state care. They appeal from the district court's denial of a preliminary injunction in an action purported to be brought under the federal Medicaid Act and various implementing regulations. Davidson v. Howe, No. 1:13-cv-12634-WGY (D. Mass. Oct. 29, 2013). Plaintiffs sough... More...   $0 (04-16-2014 - MA)

Tracy Bartlett v. Department of the Treasury (Internal Revenue Service)

Tracy Bartlett filed a one-count complaint against her former employer, the Internal Revenue Service (“IRS”), in which she alleged that she had been constructively discharged in violation of the Rehabilitation Act, 29 U.S.C. § 701 et seq., and the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq. The IRS moved to dismiss the complaint on the ground that Ms. Bartlett had... More...   $0 (04-08-2014 - MA)

Angel Martinez Alicea p/k/a Ruf El Fantaztiko v. Machete Music

Over a century ago, Mark Twain lamented that "[o]nly one thing is impossible for God: to find any sense in any copyright law on the planet." Mark Twain, The Complete Works of Mark Twain: Mark Twain's Notebook 381 (Albert Bigelow Paine ed., 1935). We fear that Twain's deity would fare little better with the tangled skein of copyright and contractual claims presented by the plaintiffs in this case. ... More...   $0 (03-07-2014 - MA)

Robert Riley v. Metropolitian Life Insurance Company d/b/a Metlife

In 2012, plaintiff Robert Riley filed suit under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq., against defendant Metropolitan Life Insurance Co. ("MetLife"), arguing that MetLife had been underpaying his monthly benefits since its 2005 denial of his assertion that he was entitled to a larger payment calculation under his long-term disability insurance p... More...   $0 (03-04-2014 - MA)

Robert Filey v. Metropolitan Life Insurance Company d/b/a Metlife

In 2012, plaintiff Robert Riley filed suit under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq., against defendant Metropolitan Life Insurance Co. ("MetLife"), arguing that MetLife had been underpaying his monthly benefits since its 2005 denial of his assertion that he was entitled to a larger payment calculation under his long-term disability insurance pl... More...   $0 (03-04-2014 - MA)

United States of America v. Jose L. Baez

In United States v. Sparks, 711 F.3d 58 (1st Cir. 2013), we held that the warrantless installation of a global positioning system (GPS) device on a defendant's automobile and the use of that device to monitor his and a co-defendant's movements for eleven days fell within the good-faith exception to the exclusionary rule, because the monitoring had occurred before the Supreme Court decided that the... More...   $0 (02-28-2014 - MA)

HSBC Realty Credit Corporation (USA) v. J.Brian O'Neill

Today's case — a diversity suit governed, the parties agree, by Massachusetts substantive law — arises from the efforts of plaintiff HSBC Realty Credit Corporation (USA) to recover $8.1 million from defendant J. Brian O'Neill under a guaranty. A district judge struck O'Neill's defenses, dismissed his counterclaims, denied him leave to replead, and granted HSBC judgment on the pleadings. O'Neil... More...   $0 (02-07-2014 - MA)

David Pierce v. Cotuit Fire District

Plaintiff-appellant David Pierce, former Captain of the Cotuit, Massachusetts Fire Department, brought a complaint against the Department, the Fire Chief, and the Board of Fire Commissioners, alleging political discrimination in violation of the First Amendment and 42 U.S.C. § 1983, whistleblowing retaliation in violation of the Massachusetts Whistleblower Act, and tortious interference with cont... More...   $0 (01-28-2014 - MA)

Angel Sanchez v. United States of America

Plaintiff Angel Sanchez, a widower and the executor of his wife's estate, sued his wife's doctors for medical malpractice. As it turned out, those doctors were federal employees, against whom claims are forever barred unless brought within the two-year limitations period Congress allowed under the Federal Tort Claims Act ("FTCA"), as opposed to the three-year period allowed by Massachusetts law fo... More...   $0 (01-14-2014 - MA)

United States of America v. Catherine Floyd

Over two centuries ago, Benjamin Franklin famously wrote that "in this world nothing can be said to be certain, except death and taxes." Apparently unwilling to accept this conventional wisdom, defendants-appellants Catherine Floyd and William Scott Dion devised and participated in elaborate conspiracies to defraud the United States of tax revenues (or so the government alleges). A jury validated ... More...   $0 (01-07-2014 - MA)

David Butler v. Shiraz Balolita

This bi-coastal case requires a Boston-based federal court to make an informed prophesy as to whether the Washington Supreme Court, if squarely confronted with the question, would recognize a cause of action for breach of a contract to negotiate. Applying the methodology that federal courts have developed to vaticinate how state courts are likely to rule on unsettled questions of state law, we fi... More...   $0 (11-22-2013 - MA)

Chenell Hammond v. Kmart Corporation and Sears Holdings Corporation

Chenell Hammond, a retail customer, appeals from the dismissal of her action under 42 U.S.C. § 1981 against Kmart Corporation and Sears Holdings Corporation (collectively, "Kmart"), where she successfully purchased goods using the store's layaway process. The district court granted Kmart's motion to dismiss because Hammond's pleadings were insufficient to state a claim under § 1981. It dismissed... More...   $0 (10-29-2013 - MA)

Robert Smith v. Dorchester Real Estate, Inc.

This case arises out of a fraudulent real estate mortgage scheme that involved inducing a schizophrenic trash collector into acting as a straw buyer for two overvalued residential properties in Massachusetts. That person, Robert Smith, sued various entities and individuals involved in the transactions, including the mortgage lenders, mortgage brokers, real estate brokers, and closing agents. A ju... More...   $0 (10-16-2013 - MA)

A.G. v. Elsevier, Inc.

This is a curious case in which the plaintiffs, unsuccessful medical malpractice suitors, seek damages against the authors and publisher of a case report, introduced into evidence in the malpractice trials, that appeared in a peer-reviewed obstetrical journal. Acting on the defendants' motions to dismiss, see Fed. R. Civ. P. 12(b)(6), the district court concluded that the plaintiffs' complaint stu... More...   $0 (10-16-2013 - MA)

R. Susan Woods v. Wells Fargo Bank, N.A.

There is, by now, a significant body of commentary on the housing market's most recent boom and bust. Little could we add about the development, proliferation, and ultimate collapse of the mortgage-backed securities market that has not already been said. Writing against that background, we recite here only the most relevant aspects of the market's recent instability. At its height, the boom was fa... More...   $0 (10-09-2013 - MA)

Raymond C. McArdle v. Town of Dracut

Appellant Raymond McArdle ("McArdle") is a former teacher in the public schools of the town of Dracut, Massachusetts. He claims, among other things, that Dracut improperly handled his request for leave under the Family and Medical Leave Act, 29 U.S.C. § 2612 ("FMLA") and forced him to resign in retaliation for seeking such leave. The district court granted summary judgment dismissing all of McAr... More...   $0 (10-09-2013 - MA)

Colin Bower v. Egyptair Airlines Company

This appeal stems from an international parental kidnapping perpetrated by defendant Mirvat El-Nady. Plaintiff-appellant in this case, Colin Bower, is El-Nady's former husband. In August 2009, El-Nady acted in violation of a court order when she drove the former couple's two minor children to New York City, where they boarded an EgyptAir Airlines Company ("EgyptAir") flight to Cairo, Egypt. This p... More...   $0 (10-08-2013 - MA)

Stanley Kolbe v. BAC Home Loans Servicing, L.P.

This is a contract dispute over the terms of a mortgage contract between the borrower, plaintiff-appellant Stanley Kolbe, and the servicer of his loan, defendant-appellee BAC Home Loans Servicing, LP ("BAC" or "the Bank"). Kolbe sued the Bank in a putative class action for damages alleged to have arisen out of the Bank's requirement that he maintain flood insurance in an amount sufficient to cover... More...   $0 (09-27-2013 - MA)

Thomas A. Atwater v. Mitchell D. Chester

Appellant Thomas Atwater sought review of his dismissal from his teaching position in the Manchester-Essex Regional School District ("School District"), first in Massachusetts state court and then in Massachusetts federal district court. Concluding that Atwater's claims were barred by res judicata, the district court granted summary judgment in favor of Appellees, the School District and the Massa... More...   $0 (09-20-2013 - MA)

Commonwealth of Massachusetts v. Kempess Sylvain

In 2007, the defendant, Kempess Sylvain, a noncitizen lawfully residing in the United States, pleaded guilty to possession of a controlled substance, subjecting him to automatic deportation from the United States. After the defendant's conviction was final, we decided Commonwealth v. Clarke, 460 Mass. 30, 34, 37, 45 (2011) (Clarke ), which held that the rule announced in Padilla v. Kentucky, 130 S... More...   $0 (09-13-2013 - MA)

Janat Nansamba v. North Shore Medical Center, Inc.

When litigation goes awry, lawyers sometimes scramble to find a scapegoat. So it is here: having conspicuously failed to protect the record, the plaintiff's lawyers attempt to shift the blame to their opposing counsel. Concluding, as we do, that this diversionary tactic lacks force, we affirm the district court's denial of the plaintiff's motion for relief from judgment.

I. BACKGROUND
<... More...
   $0 (08-12-2013 - MA)

Elizabeth Manning v. Boston Medical Center

Plaintiffs Elizabeth Manning, Lisa Rivers, Rhonda Williams, and Reva McCarthy bring this wage-and-hour action against defendants Boston Medical Center Corporation ("BMC"), Elaine Ullian, and James Canavan. Current and former BMC employees, plaintiffs allege that defendants deprived them of their wages through the use of timekeeping policies and employment practices that required them to work thro... More...   $0 (08-01-2013 - MA)

Fidelity Co-Operative Bank v. Nova Casualty Company

Plaintiff-Appellant Fidelity Co-operative Bank ("Fidelity"), individually and as assignee of Matthew and Sondra Knowles ("the Knowles"), appeals the granting of summary judgment to Defendant-Appellee Nova Casualty Company ("Nova"), after the district court determined that an all-risk insurance policy neither covered water damage caused to an apartment building during a tropical storm nor any resul... More...   $0 (08-07-2013 - MA)

Roman Catholic Bishop of Springfield v. City of Springfield

The Roman Catholic Bishop of Springfield (RCB) challenges the district court's grant of summary judgment to the City of Springfield (City) and dismissal of RCB's constitutional and statutory claims against enforcement of a City ordinance that created a single-parcel historic district encompassing a church owned by RCB. Under the ordinance, RCB cannot make any changes that affect the exterior of t... More...   $0 (07-22-2013 - MA)

Carlos Dominguez v. Ronald Duval

The appellant, Carlos Dominguez, was convicted in a Massachusetts court of the second degree murder of Sao Sun. After the Massachusetts Appeals Court affirmed the conviction and the Supreme Judicial Court denied further appellate review, Dominguez filed a petition in the United States District Court for relief on habeas corpus, 28 U.S.C. § 2254, which was dismissed for untimely filing in the abse... More...   $0 (07-23-2013 - MA)

Joseph Brown v. United Airlines, Inc.

These appeals pose a question of first impression: Can the plaintiffs, skycaps affiliated with two major airlines, maintain common-law actions for unjust enrichment and tortious interference based on the airlines' imposition and retention of baggage-handling fees for curbside service? Concluding, as we do, that the plaintiffs' actions intrude into a no-fly zone demarcated by the preemption provisi... More...   $0 (07-09-2013 - MA)

 
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